302    Trademark Correspondence - In General

The USPTO requires all trademark correspondence be filed through TEAS, unless an exception to the requirement to file through TEAS applies. See 37 C.F.R. §2.23(a); TMEP §§301.01, 301.02.  Submissions may not be transmitted by email, but certain informal communications may be conducted by email. See TMEP §304.

See TMEP §611.01(c) regarding signature of documents filed electronically through TEAS and §611.01(a) regarding the signature on documents as certification.

Paper filings. If paper correspondence is permitted (see TMEP §301.02), such correspondence may be sent through the United States Postal Service (USPS), delivered by a courier service, or hand carried to the USPTO.  See TMEP §305 regarding mailing documents to the USPTO and §307 regarding hand delivery of documents to the USPTO.

302.01    Duplicate Documents Should Not Be Filed

37 C.F.R. §2.193(g)(2)  Separate copies for separate files.

Parties should not file duplicate copies of documents in a single application, registration, or proceeding file, unless the Office requires the filing of duplicate copies.

As a general rule, only one copy of a document should be filed, unless more than one copy is specifically required by statute or rule, or a USPTO employee specifically requests more than one copy.

When submitting a document electronically, or by fax, a party should not send a follow-up copy unless the USPTO specifically requests one.  37 C.F.R. §2.193(g)(2).  Submission of duplicate documents can delay processing. See In re Allegiance Staffing, 115 USPQ2d 1319, 1323 (TTAB 2015) (discouraging the submission of duplicate filings because "it merely adds to the bulk of the file and makes it more difficult to review the submissions").

302.02    Identifying the Type of Document Filed

302.02(a)    Correspondence Pertaining to Trademark Applications

Documents filed through TEAS or ESTTA are identified according to their type and require an application serial or proceeding number in order to relate the filing to a specific application or proceeding. These documents are automatically entered into the record of the appropriate application or Board proceeding.

Permitted paper filings. To ensure the timely entry into the record of any permitted paper filing (see TMEP §301.02), each piece of correspondence filed in the USPTO relating to a trademark application should be identified at the beginning by a heading or caption and by the serial number of the application, the name of the applicant, and the mark.  37 C.F.R. §2.194(b)(1).  Cover letters should identify the material that they accompany.

To expedite processing, incoming paper documents should include the following:

  • (1) Application serial number;
  • (2) Mark;
  • (3) A title indicating the type of document being filed (e.g., a response to an Office action);
  • (4) The name, mailing address (including ZIP code), and telephone number of the applicant or the applicant’s attorney; and
  • (5) The applicant’s or attorney’s email address, unless the applicant is a treaty-exempt filer under international agreements.

302.02(b)    Correspondence Pertaining to Trademark Registrations

Documents filed through TEAS or ESTTA are identified according to their type and require a registration or proceeding number in order to relate the filing to a specific registration or proceeding. These documents are automatically entered into the record of the appropriate registration or Board proceeding.

Permitted paper filings. To ensure the timely entry into the official record of any permitted paper filing (see TMEP §301.02), each piece of correspondence relating to a registered trademark should be identified by specifying the registration number, the registrant’s name, and the mark.  37 C.F.R. §2.194(b)(2).

Permitted paper correspondence filed under 15 U.S.C. §§1057, 1058, 1059, and 1141k  should also be directed to the Post Registration Section of the Office.

Permitted paper petitions to cancel a registered mark should be directed to the Board. TMEP §1607. Court orders relating to registered trademarks should be sent to the Office of the Solicitor. TMEP §1610.